Breaking and Entering vs. Burglary in Fairfax

Breaking and Entering and Burglary in Fairfax are often confused, but they in fact have important differences.  For more information on Breaking and Entering vs Burglary in Fairfax, read the post below.

Breaking and Entering vs Burglary in Fairfax: Property

One difference between Breaking and Entering and Burglary in Fairfax is the property involved in the crime.  An offender can be convicted of Breaking and Entering in Fairfax for entering a dwelling house, business, or other place open to the public with criminal intent.  An offender can only be convicted of Burglary in Fairfax for entering a dwelling house with criminal intent.

Breaking and Entering vs Burglary in Fairfax: Time

Another element that distinguishes Breaking and Entering from Burglary in Fairfax is the time of day of the offense.  Breaking and Entering can occur during the day or night, but Burglary can only occur at night.

Breaking and Entering vs Burglary in Fairfax: Intent

Another difference between Breaking and Entering and Burglary in Fairfax is the offender’s intent.  An offender can be convicted of Breaking and Entering if he had the intent to commit murder, rape, robbery, arson, another felony, larceny, assault and battery, or a misdemeanor.  To convict an offender of Burglary in Fairfax, the Commonwealth must prove the offender intended to commit a larceny or felony in the dwelling house.

Breaking and Entering vs Burglary in Fairfax: Entry

Both Breaking and Entering and Burglary in Fairfax Can be Punished with up to Life in Prison if the Offender Committed the Offense with a Deadly Weapon

An offender can be convicted of Breaking and Entering in Fairfax for entering property at night, breaking and entering during the day or night, entering and hiding, or entering a business or other place open to the public with criminal intent.  However, an offender can only be convicted of Burglary in Fairfax for breaking and entering at night.

Breaking and Entering vs Burglary in Fairfax: Penalty

Breaking and Entering in Fairfax can be charged as a Class 3 felony, a Class 6 felony, or an unclassified felony.  Burglary in Fairfax is a Class 3 felony.

Breaking and Entering and Burglary in Fairfax can both be charged as a Class 2 felony if the offender used a deadly weapon in the commission of the Breaking and Entering or Burglary.  This offense is punished with a minimum of 20 years up to life in prison.

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